Initial research has shown that in the first two years of Korea’s experience with the Real Name Verification System, defamatory comments have not become notably less common. A study examined comments and replies on a popular internet portal’s bulletin boards and found that the number of total comments decreased after the introduction of the Real Name Verification
hangzhou.gov.cn/main/zpd/English/statistic/abriefsurvey/briefsurvey/T197434.shtml (last visited Nov. 13, 2009).
76) Hua and Liang, supranote 30; Bandurski, supranote 74.
77) See Self-discipline for China blog providers, CCTV.COM, Aug. 22, 2007, available athttp://
www.cctv.com/program/bizchina/20070822/105950.shtml; Anita Chang, China: Bloggers should use real names, USA TODAY, Aug. 22, 2007, available athttp://www.usatoday.com/money/
topstories/2007-08-22-1543352646_x.htm.
78) Philip Pan, Chinese Crack Down On Student Web Sites, WASH. POST, Mar. 24, 2005, available athttp://www.washingtonpost.com/ac2/wp-dyn/A61334-2005Mar23.
79) One might wonder whether Chinese ISPs that are requested to implement name verification of users are able, as a practical matter, to decline to do so. See Chang, supranote 77.
System, but the number of defamatory comments did not decrease.80)A more general survey of online user behaviors has found that, contrary to common assumption, the rate at which netizen behavior deviates from a particular social norm is not impacted by anonymity.81)
A Korea Communications Commission study82)of the first phase of real- name verification (for web portals with 300,000 or more users per day) found that there was a decrease in the rate of malign internet posts83)from 15.8% to 13.9%.84)This is not necessarily inconsistent with other research, which showed a small decrease in defamatory replies.85)However, the decline is hardly precipitous. As a best-case evaluation of the Real Name Verification System’s effectiveness, this study indicates that the System has produced little improved protection of private reputation.86)
2. Google
Google owns the popular international site YouTube, which permits
80) Woo et al., supranote 11, at 20-21. This study found that the number of defamatory replies to comments did decrease, along with the number of replies in general, and this reduction appeared to be the result of a change in replying patterns based on the level of use of the commenter. In general, the issue explaining rates of Cyber Libel on the bulletin boards was one of user behavior, not systematically reduced or otherwise affected by the Real Name Verification System.
81) Yong-suk Hwang, supranote 14, at 108.
82) This study evaluated the rate of malign reply; sought to gauge the “chilling effect” of the law, or the degree, if any, to which it discouraged use of the internet; and also attempted to measure the “balloon effect,” or the degree, if any, to which the law caused netizens to switch from using large internet portals subject to the Real Name Verification System to smaller ones not subject to the requirement. Bangsongtongsinwiwonhoe [Korea Communications Commis- sion], Jaehanjeok boninhwakinjae hyogwabunseokeul wihan josa bogoseo[Analysis of the Effect of Limited Real Name Verification], Oct. 2007, at 1-2 (Korean). The study asserted that the number of internet posts and the popularity of large internet portals demonstrated a lack of chilling effect or balloon effect. Id. at 18-20.
83) The term used to describe these messages in the study is “Akseongdaetgeul,” which I describe in English as “malign.” The study defines the term to include libel, sexual harassment, invasion of privacy, and contempt. Id. at 9.
84) Id.
85) See Woo et al., supranote 11, at 20-21.
86) Thorough studies of the expanded Real Name Verification System are not yet available, so it is not yet possible to account for any effect brought about by inclusion of additional internet portals.
registered users87)to upload videos that can then be streamed by anyone who accesses the website. Registered users can also post comments about a particular video, which are displayed below the video box on the computer screen. Google objected to the Real Name Verification System as compromising the anonymity and therefore the freedoms of its users.88) Google interpreted the law to only apply to the Korean version of the YouTube site, and so Google deactivated all uploads and commenting by individuals whose country preference is set to “Korea” in order to avoid a legal obligation to participate in the Real Name Verification System. However, the youtube.com site links to a page89)that provides simple instructions for changing the country preference to another country besides Korea,90)at which point the user is free to upload and comment without verifying her real name.91)
87) While registering, users are asked to provide certain personal information, but the only piece of information that is verified is that they have access to the email address that is provided.
88) Google has a generally protective privacy policy, but its policy states that it will share information when “[w]e have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request.” Google Privacy Center: Privacy Policy, http://
www.google.com/privacypolicy.html (last updated Oct. 19, 2009).
89) YouTube Korea Blog, http://youtubekrblog.blogspot.com/2009/04/blog-post_08.html (last updated Apr. 8, 2009).
90) The ease by which Koreans can dodge the Real Name Verification System requirements illustrates one of the problems with this law: given Korea’s unique approach to this problem, there is not, and likely will not be in the foreseeable future, a harmonized international approach that can aid in enforcement by effectively “closing the loophole” of Korean users selecting a different jurisdiction’s legal standards for Google or other ISPs to effectively apply.
91) Translation from Stephen Shankland, YouTube Korea squelches uploads, comments, CNET NEWS, Apr. 13, 2009, available athttp://news.cnet.com/8301-1023_3-10218419-93.html:
We have a bias in favor of people’s right to free expression in everything we do. We are driven by a belief that more information generally means more choice, more freedom, and ultimately more power for the individual. We believe that it is important for free expression that people have the right to remain anonymous, if they choose.
Because of Real Name Verification System in Korea, we have voluntarily disabled comments and video uploads when using YouTube in Korea with the Korea country setting, so you will not be required to verify your identity.
You will still be able to enjoy watching and sharing videos on YouTube. You may still upload videos and comments without proving your identity by choosing a non-Korean country setting from the top of any YouTube page.
3. Park (Minerva) Prosecution
Dae-sung Park was a widely read blogger on financial issues who posted his writings under the internet alias “Minerva.”92)Mr. Park was arrested on January 7, 200993)after he was accused of spreading online rumors asserting that the Korean government compelled Korean banks not to buy U.S. dollars in late 2008 in order to combat the falling value of the Korean currency, the won, against the U.S. dollar.94)The prosecution alleged that this assertion was false and that Mr. Park spread the rumor with the intent to damage public interest, in violation of the Electronic Communication Fundamental Law [Jeonki tongsin kibonbeop].95)He was acquitted by the Seoul Central District Court on April 20, 2009.96)Judge Young-hyun Yoo stated that “when con- sidering all the circumstances, it is hard to conclude that Park was aware that the information was misleading when he wrote the postings” and also did not conclude that Park intended to damage public interest.97)
We understand that this may affect your experience on YouTube. Thank you in advance for your understanding. We hope that you continue to enjoy and participate in the YouTube community.
92) Minerva is the goddess of wisdom in Roman mythology (known in Greek mythology as Athena).
93) See Christian Oliver, Financial Blogger Arrested in South Korea, FIN. TIMES, Jan. 8, 2009, available athttp://www.ft.com/cms/s/0/092a99ca-ddab-11dd-87dc-000077b07658.html?nclick_
check=1; see alsoJane Han, Foreigners Puzzled over Park’s Arrest, KOREATIMES, Jan. 11, 2009, available athttp://www.koreatimes.co.kr/www/news/biz/2009/01/123_37648.html.
94) See Ju-min Park and John M. Glionna, Case of Internet Economic Pundit Minerva Roils South Korea, L.A. TIMES, Jan. 16, 2009, available athttp://articles.latimes.com/2009/jan/16/
world/fg-korea-minerva16.
95) JEONKIKONGSINKIBONBEOP[ELECTRONICCOMMUNICATIONFUNDAMENTALACT], Act No.
9780, art. 47(1) states:
A person spreading a false rumor maliciously intending to damage the public interest by using an electronic machine can be sentenced to imprisonment for under five years or given a fine of under 50,000,000 won.
96) S. Korean Court Finds “Minerva” Not Guilty, KOREATIMES, Apr. 20, 2009, available at http://www.koreatimes.co.kr/www/news/nation/2009/04/113_43467.html.
97) Id.; see alsoSang-hun Choe, Economic Blogger Who Angered Seoul is Acquitted, N. Y. TIMES, Apr. 20, 2009, available athttp://www.nytimes.com/2009/04/21/business/global/21blogger.
html.